High drama in the House
As the legislature gets set to return this week, what to do with motorists driving under the influence of marijuana and soaring insurance premiums will be at the top of the agenda facing MLAs.
B.C. has some of the toughest drunk-driving laws in Canada and now the province is considering severe penalties for drugged driving, too.
It’s all part of the province’s preparation for legal marijuana this summer and it has Solicitor General Mike Farnworth — the government’s point man on pot — talking tough.
“We must give police more tools to remove drug-impaired drivers from the road,” Farnworth said, insisting police will have the power to issue 90-day “immediate roadside prohibitions” and impound the vehicles of high drivers.
That’s the same power police currently have to dispense curbside justice on drinking drivers who fail a breathalyzer test. B.C.’s tough laws have been credited for a reduction in drunk-driving deaths.
But how will the cops know if a driver is high on marijuana, especially when there’s no reliable breathalyzer device to detect pot use?
The answer is a roadside saliva test, with a swab of mouth fluid used to detect the presence of THC, the main psychoactive ingredient in pot.
But are the saliva tests reliable? And what happens if a driver tests positive for THC, loses the right to drive, and then later tries to cross the border into the United States?
“That could cause someone to be denied entry to the U.S.,” warned Vancouver lawyer Kyla Lee. “We’re making a big mistake if we’re treating drug impairment the same as alcohol impaired laws.”
The difference, Lee points out, is that a B.C. driving prohibition for alcohol use does not necessarily result in a travel restriction south of the border.
“Alcohol is lawful in the United States and not grounds for automatic exclusion. But when it comes to drugs, the situation becomes far more complex.”
Justin Trudeau’s federal Liberal government has promised to legalize recreational marijuana by this summer and has outlined expanded laws for marijuana-impaired driving.
The draft rules include multiple offences and penalties depending on the amount of THC in a driver’s system. Driving with a blood concentration level of more than two nanograms of THC could result in a $1,000 fine, while a concentration of more than five nanograms could result in fines and imprisonment for repeat offences.
But how much pot would you have to smoke to be legally stoned behind the wheel? That’s where things get hazy.
Some strains of marijuana are stronger than others, and the impact of THC can vary depending on an individual’s metabolism, how deeply they inhale or how long they hold smoke or vapour in the lungs.
Even the feds admit it’s difficult — if not impossible — to explain to the public how much weed is too much to drive.
Last year, the federal government completed a test project in which police screened drivers for THC using two different hand-held saliva-testing devices.
The manufacturers of the devices have warned against using them in cold weather, and the government admitted the devices were “more likely to produce drug-positive results” in cold conditions.
“Most of this province gets very cold in winter,” said Lee, the Vancouver lawyer.
With so much uncertainty, how is the B.C. government going to create these new powers for police to crack down on stoned drivers?
“We’re still waiting for details on a lot of these points from Ottawa,” said Farnworth, though the government is still firm in its commitment to get high drivers off the road.
Only one thing appears certain in all this: The whole fight will wind up in court.
Lawyers are questioning the reliability of the saliva-testing devices, arguing their use could contravene a driver’s constitutional protection against “unreasonable search or seizure.”
“It will keep the lawyers busy,” Farnworth said.
Farnworth is also the government house leader, in charge of shepherding bills through the legislature. “We have a lot of work to do,” he said about Monday’s resumption of the spring legislative session in Victoria.
In addition to marijuana, the government is also preparing to turn a hose on that “financial dumpster fire” over at ICBC.
“We have to put the fire out,” said Attorney General David Eby, who has promised to introduce limits on court awards for people who suffer “minor” injuries in auto crashes. “If something is not done to get costs under control, the consequences could be extremely serious.”
He said drivers could face ICBC premium hikes of 30 per cent or more unless major reforms are made.
It all starts Monday. Get set for lots of controversy.